Terms of service
DESIGNIST TERMS OF SERVICE THESE TERMS OF SERVICE ARE EFFECTIVE AS OF: 01 JULY 2018; “EFFECTIVE DATE” READ THESE TERMS CAREFULLY BEFORE BROWSING THE DESIGNIST WEBSITE. YOUR CONTINUED USE OF THE DESIGNIST WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE DESIGNIST WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
- 1.1. The Designist website www.designist.co.za is made available, and owned by The Designist (Pty) Ltd t/a Designist (bearing registration number 2018/359146/07) (hereinafter referred to as "Designist", “Designist Website” “Website”, "we", “our" or "us"). Any reference to "Designist", "we", "our" or "us" shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub- contractors, service providers and partners.
- 1.3. Accessing and/or use of the Website after the Effective Date will signify that the User has read, understands, accepts, and agrees to be bound, and are bound, by the Terms, in such User’s individual capacity and/or for and on behalf of any entity for whom the User utilises the Website. Further, the User represents and warrants that it has the authority to do so and that in the case of a User being a natural person, the User is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended.
- 1.4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to Users, and any revisions to the Terms will take effect when posted on the Website, as indicated above, unless a later date is otherwise stated in the revised Terms. A User’s continued use of the Website and/or the Services will be construed as a User’s consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such Party not agree to these Terms, is to stop the use of the Website.
- 2.1. The following terminology applies to these Terms:
- 2.1.1. “” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using the Services offered by or through us;
- 2.1.2. "” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa and which shall be between the hours of 09h00 – 17h00;
- 2.1.3. “” shall mean the Purchaser’s Cart on the Website in which it logs Products prior to payment being made;
- 2.1.4. “ shall mean the designer providing the Interior Design Service to the Purchaser through the use of the Website;
- 2.1.5. “” shall mean the interior design service as provided by a Designist Pro to a User through the Website, as more fully set out in clause 5 below pertaining to Services;
- 2.1.6. “” shall mean the User’s unique username and password used to access the Services;
- 2.1.7. “” shall mean the Partner providing the Partner Service, allowing the Purchaser to purchase Products through the use of the Website;
- 2.1.8. “” shall mean the Partner services as provided by a Partner to a User allowing it to purchase of Products, through the Website, as more fully set out in clause 5 below pertaining to Services.
- 2.1.9. “” or “” shall mean Designist and/or or the User/s as the context implies;
- 2.1.10. “” shall mean the Personal Information as required from the User in order to register for any one or all of the Services;
- 2.1.11. “” shall mean the Products as made available to a Purchaser by a Partner for purchase on the Website;
- 2.1.12. “” shall mean the Browser who completes the Registration Process on the Website in order to make use of the Designist Pro Services, the Partner Services or both, through the Website as more fully set out in clause 5 below pertaining to Services.
- 2.1.13. “” shall mean the Registration Process to be followed by a Browser on our Website in order to enable it to use the Services and thus make the transition from a Browser to a User;
- 2.1.14. “” shall mean the Interior Design Service and the Partner Service collectively;
- 2.1.16. “” shall mean the Purchaser, Designist Pro and/or Partner collectively and "" shall mean any one of them as the context may indicate;
- 2.2. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3. A BROWSERS AGREEMENT TO THESE TERMS
- 3.1. Subject to, and on the basis of a Browser’s acceptance of the Terms, and thus becoming a User, Designist grants the User a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
4. REGISTRATION PROCESS FOR A USER
- 4.1. Only a User may make use of the Purchasing Service, the Interior Design Service and/or supply the Purchasing Service and/or the Interior Design Service through the Website.
- 4.2. When registering on the Website, a User may be a Partner, a Purchaser and a Designist Pro. In this regard, it will not be necessary for such User to register 3 times, but rather to select in which capacity/ies it will be utilising the Website by clicking the appropriate links and following the additional instructions as associated and agree to any additional User agreements pertaining to the applicable Service.
- 4.3.1.&emspa Browser will, through the Registration Process, be prompted to provide Log in Details as well as submit certain Personal Information such as:
- 220.127.116.11. name and surname / name of entity (and contact person);
- 18.104.22.168. identity number / registration number;
- 22.214.171.124. email address;
- 126.96.36.199. physical address; and
- 188.8.131.52. cell phone number.
- 4.3.2. A Partner and Designist Pro shall be prompted to provide, in addition to that stated in 4.3.1 above:
- 184.108.40.206. VAT registration number (if applicable); and
- 220.127.116.11. banking details.
- 4.3.3. A Partner shall also be required to provide a warehouse address and contact details insofar as same may differ from its physical address together with other contact details as set out in 4.3.1 above.
- 4.3.4. A Partner shall also be provided with a link to the Website in order to upload pictures of the Products which it wishes to sell through the Website as well as the Product description, price, colour availability, estimated delivery time, weight and dimensions of each of the Products.
- 4.3.5. A Designist Pro shall be prompted to provide the same information as that stated in 4.3.1 and 4.3.2 above.
- 4.3.6. A Designist Pro shall also be provided with a link to the Website in order to upload its CV, portfolio, a short biography list of services, hourly availability per week and costs, together with a copy of their qualifications and Identity Document in order that a Purchaser may familiarise itself with the Interior Design Services as offered by a specific Designist Pro.
- 4.4. Upon completion of the Registration Process, a User will be required to enter a user name and password, which shall then form part of the Log In Details.
- 5.1. In order to gain access to the Interior Design Service, Partner Services or both, the Purchaser shall be required to log into the Website using its Log In Details and will be prompted.
- 5.2.1. a Purchaser may browse the Website in order to locate an Interior Design Service best suited to a Purchaser’s needs, with the option to then purchase one of three packages pertaining to the Interior Design Services which packages, and the cost thereof may be viewed here www.designist.co.za/pricing; and
- 5.2.2. once a selection has been made, a Purchaser shall enter into a question and answer session in order to fully determine their requirements, whereafter payment shall be made by the Purchaser, entitling such Purchaser to then select a single Designist Pro from a preselected group, based on the criteria provided by the Purchaser, any one of whom are able to provide the Interior Design Service as required by the Purchaser .
- 5.3.1. a Purchaser may in using the appropriate link when entering its Log In Details, browse Products which are uploaded by a Partner to purchase;
- 5.3.2. the Purchaser shall be able to browse through the Products available for purchase, clicking on each of the Products that it would like to purchase;
- 5.3.3. all Products as represented on the Website shall only be available for as long as stock lasts. Designist shall do its utmost to keep the Website current and remove Products from the Website once same are no longer available for purchase, but cannot be held liable if certain Products are no longer available or are out of stock;
- 5.3.4. these Products together with the individual price thereof shall be reflected in the User’s Cart. The price of each of the Products shall automatically be tallied in the Cart, as a total, together with the delivery charges in respect thereof, which shall be reflected as a separate item within the Cart;
- 5.3.5. prior to the transaction being finalised, the Purchaser shall view the Cart and either accept all of the Products reflected therein, or edit same by removing one or more of the Products; and
- 5.3.6. once the Purchaser is satisfied that the Cart reflects all of the Products that it wishes to purchase, it shall be prompted to proceed to payment.
6. PAYMENT PROCEDURES
- 6.1.1 Although Designist, by the facilitation through the Website of an introduction to a Purchaser of a Designist Pro, the Purchaser and Designist Pro.
- 6.1.2 Designist is not a party to nor will it have any liability with respect to any engagement between the Purchaser and a Designist Pro resulting from the Interior Designing Services.
- 6.1.3 Upon the completion of each of the Interior Design Services, and confirmation by the Purchaser of receipt of same, the Purchaser shall make payment to Designist into Designist’s designated bank account, whereafter, Designist shall transfer to the Designist Pro the amount received less 20% in respect of Designist’s service fee, together with any other taxes and imposts which Designist is obliged to pay to a third party by law and on the Wednesday following receipt of payment from the Purchaser.
- 6.2.1 Designist is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- 6.2.2 Payment may be made in one of the following manners:
- 18.104.22.168 Credit Card, Cheque Card and Debit Card (“Bank Card”) - where payment is made by use of a Bank Card we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled.
- 22.214.171.124 Electronic Funds Transfer (“EFT”) or Bank Transfer - if a Purchaser pays via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) Business Days of purchasing the Products. We will not process the transaction if payment has not been received
- 126.96.36.199 Payfast and Mobicred - payments shall also be processed through a payment gateway infrastructure on the Website, provided through Payfast, and Users are encouraged to consult the Payfast website located at www.payfast.co.za or Mobicred website located at www.mobicred.co.za in order to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through Payfast or Mobicred;
- 188.8.131.52 Cryptocurrency – payment shall also be recognised if paid for using Bitcoin; and
- 184.108.40.206 Masterpass and Scode wallet – these two wallets are recognised and permitted as alternative payment options.
- 6.2.3 Once a Purchaser has selected a payment method (save for Bank Transfer), it will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
- 6.2.4 Products will only be released for delivery once payment has been received into Designist’s banking account.
- 6.2.5 Upon the release of the Products for delivery a tracking number and weblink, which shall enable the Purchaser to track the Purchase through the deliver procedure shall be emailed to the Purchaser.
- 7.1.1 The product relating to the Interior Design Service shall be delivered graphically to the Purchaser through the dashboard situated on the Website and may be downloaded by such Purchaser.
- 7.2.1. Products shall be delivered to the Purchaser by a courier service as selected by the Purchaser during the checkout process, which costs may differ in their amount depending on the Purchaser’s preferences in regard to delivery times and other aspects. Designist reserves the right to change the courier service at any given time and at its own discretion, which change shall not effect the price paid or delivery option as made by the Purchaser.
- 7.2.2. The Products shall be delivered to the Purchaser at the address selected during the payment process, and on a Business Day.
8. REFUND/ RETURN POLICY
- 8.1. If a User is not completely satisfied with the Products and wishes to return same, we require that the User email us on email@example.com within 48 (forty eight) hours of taking delivery of such Product/s advising as to why it requires a refund or replacement, to which the User shall receive a reference number.
- 8.2. We shall contact the Partner in order to remedy the situation, which remedy shall be based on the Partner’s return and/or refund policy.
9. DISCOUNTS AND VOUCHERS
- 9.1 We shall, at times, offer to a Purchaser both discounts on Products and gift vouchers for purchase for later use by the Purchaser.
- 9.2 These gift vouchers and discounts shall be in respect of both Products and the Interior Design Service.
10. WARRANTIES BY THE USERS
- 10.1 Users warrant and represent that the information provided to Designist is and shall remain accurate, true and correct and that the Users will update the information held by us to reflect any changes as soon as possible.
- 10.2 Any User registering on the Website warrants that if registering on behalf of any entity, such User will be taken to have represented to us that it has the authority to act on behalf of the User, and that these Terms will be binding on the User.
- 10.3 The Users further warrant that when registering on the Website they:
- 10.3.1 are not impersonating any person or entity;
- 10.3.2 are not violating any applicable law regarding use of personal or identification information;
- 10.3.3 are authorised to create an account; and
- 10.3.4 will provide, on demand from us verification of such User’s credentials in such form as required by us.
11. WARRANTIES BY DESIGNIST
- 11.1 We make no representation or warranty (express or implied) that the Website or Services will:
- 11.1.1. meet a User’s needs;
- 11.1.2. be accessible at all times;
- 11.1.3. be accurate, complete or current; or
- 11.1.4. be free from viruses.
- 11.2. Subject to any express terms, we make no representation or warranty as to the volume or subject area of Services accessible through the Website.
- 11.3. Except for any express warranties in these Terms the Services are provided “as is”. We make no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. We do not provide advice in relation to the suitability of either a Designist Pro, the Products or a Purchaser nor do we take into account any User’s individual circumstances when providing the Services.
- 11.4. We do not warrant that the use of the Website will be uninterrupted or error free, nor do we warrant that we will review information for accuracy or that we will preserve or maintain the User’s information without loss.
- 11.5. We shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside of our reasonable control. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
12. PROTECTION OF PERSONAL INFORMATION
- 13.1. Clauses which out of necessity or by implication herein survive termination of these Terms, shall remain in full and effect despite the termination hereof.
- 14.1. We do not have, and expressly disclaim, any liability to a User in connection with any content, information, text, graphics, images, audio or video, or material a Designist Pro creates or uploads to a profile and/or the Website (Posted Content) or Products provided by a Partner. We cannot guarantee, and makes no representations in relation to the completeness or accuracy of any Posted Content.
- 14.2. We make no express, implied or statutory representations, warranties, or guarantees in connection with the Website, the Services, any other Users of the site, including but not limited to partners, or third parties, or any materials on the Website relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the Website.
- 14.3. No advice or information, whether oral or written, obtained by a User through the Website shall create any warranty enforceable as against us.
15. UNAUTHORISED USE OF THE WEBSITE
- 15.1 A User may not:
- 15.1.1 use the Website for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
- 15.1.2 take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including spam or other unsolicited mass e-mailing techniques;
- 15.1.3 use the Website in any manner would result in a User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties;
- 15.1.4 mislead or deceive others through any act or omission or make a false representation about a User’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
- 15.1.5 post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which a User is not authorised to transfer to another party;
- 15.1.6 conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
- 15.1.7 copy, collect or save information about other Users;
- 15.1.8 publish advertising material of any kind or market any goods or services directly to other Users;
- 15.1.9 introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the Website or to other Users;
- 15.1.10 stalk or harass anyone;
- 15.1.11 attempt to disrupt or interfere with the delivery of the Services;
- 15.1.12 use the details of other Users for anything other than the use expressly permitted by those Users;
- 15.1.13 download, access, use, harvest or download in bulk User details;
- 15.1.14 pass on their Log In Details to anyone other than the authorised User of that account;
- 15.1.15 remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website; and
- 15.1.16 provide to any persons who are not authorised users of the Website, any part of the information included in the Services or content, except as permitted in these Terms.
- 15.2 The User understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its use of the Website or the Services.
- 16.1 Designist and the contents of the Website, save for the below, are the property of Designist and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is the property of Designist, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
- 16.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, and further, should such consent be provided, we reserve the right to withdraw such consent at any stage, in our sole and absolute discretion.
- 16.3 Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless with our prior written permission, and further, should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
- 16.4 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another's intellectual property rights or our own.
- 16.5 The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to our home page, so long as the link does not portray us, our affiliates, or our Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our express permission.
- 16.6 All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are our exclusive property.
17. POSTED CONTENT
- 17.1 We reserve the right to remove any Posted Content if we consider, acting reasonably, that a User has breached these Terms or any other agreement between us and a User, or if, in our sole discretion, we believe that maintaining the Posted Content presents a risk to our reputation or business and operations (including the Website).
- 17.2 Notwithstanding the foregoing, we do not, nor are we under any obligation or duty to a User or anyone else to monitor, consider, evaluate, assess, review, screen, censor or remove any Posted Content. We do not have (and expressly disclaim) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of Posted Content or any failure or refusal on our part to do so.
- 17.3 The User is solely responsible for all of its Posted Content. The User agrees to indemnify us, and keep us indemnified, from and against any claims, costs, damage loss or liability that may arise in connection with such Posted Content. We will not have any liability in connection with the deletion, loss, or unauthorised modification of any of your Posted Content. A User may not use any Posted Content for any purpose other than for the purpose for which it has been posted.
- 17.4 We reserve the right to keep the Posted Content on the Website until the termination of the Agreement unless removed earlier by the User.
18. INTELLECTUAL PROPERTY
- 18.1 A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us;
- 18.2 We own or are licensed to use all intellectual property on the Website, with the exception of Posted Content, which shall remain the User’s intellectual property but which a User licenses to us in accordance with the license below. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose;
- 18.3 In relation to Posted Content and a User’s use of the Website, the User grants to us an unconditional, world-wide and irrevocable, fully paid and royalty free license and right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all such intellectual property and that content forming all or part of the Posted Content, for any purpose.
- 18.4 By using the Website, a User warrants that it owns or is licensed to use the intellectual property rights in such User’s Posted Content. This includes copyright in respect of any text posted, as well as the right to use or display any image or logo. The User indemnifies us, and agrees to keep us indemnified, from and against any claims by third parties arising from a User’s Posted Content, inc luding any breach of intellectual property rights any third party may bring against us, in relation to a User’s Posted Content.
19. LINKS TO OTHER WEBSITES
- 19.1 The Website contains links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
20. LIMITATION OF LIABILTY AND INDEMNITY
- 20.1. The Website shall be used entirely at a User’s own risk.
- 20.2. A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
- 20.3. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.
- 20.4 To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
- 20.5 Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected the Services, whether in delict, contract or otherwise.
21. FORCE MAJEURE
- 21.1 Without limiting the foregoing, no Party to these Terms shall be held liable for any failure to perform in terms of these Terms if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither we nor a User are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same, and shall use all reasonable endeavours to comply with the Terms.
- 22.1. To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms and/or our Services shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
- 23.1 If any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
24. DOMICILIUM CITANDI ET EXECUTANDI AND CONTACT INFORMATION
- 24.1. The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
- 24.1.1. The Designist (Pty) Ltd: 4a Geelhout Street, Randpark Ridge, Gauteng, 2167 Email : firstname.lastname@example.org
- 24.1.2. User: The address as provided for when registering for the Service
- 24.2 A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
- 24.3 All notices to be given in terms of these Terms will:
- 24.3.1 be given in writing;
- 24.3.2 be delivered or sent by email; and
- 24.3.3 be presumed to have been received on the date of delivery.
- 24.4. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
These Terms have been custom created for Designist by the good folks at Legal Legends www.legallegends.co.za.